“A lot of the work that I do is historic-the maximum sentences change at different points of time. It's really complicated and people get it wrong all the time. That's when having a timeline is really useful.”
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Mergers The Commission has received notifications regarding: Turner/Dornan (M.11683) (simplified merger procedure) EDF/Vauban Infrastructure Partners/Ontower Austria (M.11740) (simplified merger procedure) Amundi/Marguerite/Ze Way Invest/Ze Energy JV (M.11681) Note—For details of all active merger probes before the Commission, please see EU mergers—ongoing cases tracker. State aid The Commission has launched an in‑depth investigation to evaluate whether selling the Nürburgring racetrack complex in Germany to Capricorn Nürburgring Besitzgesellschaft GmbH complies with EU State aid rules; see also the press release. Note—For every live State aid decision and each formal State aid inquiry, consult EU State aid decisions—ongoing cases tracker. Upcoming dates For dates of forthcoming EU competition developments, please see the EU Competition calendar...
EDF Energy Customers Ltd (formerly EDF Energy Customers plc) v Re-Energised Ltd [2018] EWHC 652 (Ch), [2018] All ER (D) 02 (Apr) What are the practical implications of this case? This decision restates—by analogy with personal insolvency authorities such as Harvey v Dunbar Assets [2017] EWCA Civ 60, [2017] All ER (D) 127 (Feb)—that, save in truly exceptional situations, a debtor company cannot revisit at the winding-up petition hearing the same contentions already determined on an application to restrain advertisement. The rule also captures points the company could have advanced earlier but did not. Allowing a second bite at the cherry would squander judicial resources and may engage res judicata. The ruling has consequences for how advisers approach applications to restrain presentation or advertisement: there is considerable peril in issuing a hurried application when not all potential arguments are identified or documents are to hand. That said, outcomes remain fact-sensitive, and here the court concluded that the additional arguments the company sought to advance did not have...
CASE HUB ARCHIVED This archived case hub reflects the position as at the judgment dated 22 September 2020 and is no longer updated. See the timeline, related/similar cases and commentary. Case facts Outline Case C-594/18 P Austria v Commission—an appeal before the Court of Justice against the General Court’s judgment in Case T-356/15, which had rejected an action seeking annulment of the Commission’s decision. That decision found that revised UK measures to support the construction and operation of the Hinkley Point C nuclear power plant were compatible with State aid rules (Case SA.34947). Latest development On 22 September 2020, the Court of Justice delivered its judgment, dismissing the appeal in its entirety. Parties Appellant: Republic of Austria (Austria) Defendant: European Commission (the Commission) Market(s) Nuclear power. Background On 22 October 2013, the UK notified the Commission of aid to support the construction and operation of a new nuclear facility at Hinkley Point, Somerset—Hinkley...